Post by messi05 on Jan 24, 2024 4:58:54 GMT 1
The Superior Court of Justice released this Wednesday (10/4) the 90th edition of Jurisprudence in Theses , which deals with tax, economic and consumer crimes. According to one of the highlighted theses, in the case of a tax crime, an increase in the base penalty is justifiable when the amount of tax evaded is significant, given the negative assessment of the consequences of the crime. Another understanding defines that failing to provide, when mandatory, an invoice regarding the sale of goods or provision of services, or providing it in violation of legislation, a crime typified in article 1 , item V, of Law 8,137/90, is formal offense and dispenses with the administrative-fiscal process for triggering criminal prosecution, not being subject to the terms of Precedent 24 of the Federal Supreme Court.
In addition to these problems, a proposal is Buy Phone Number List advancing in Congress that could further loosen legislation in the sector. A special commission created in the Chamber of Deputies is discussing the reform of the Health Plans Law (Law 9,056/1998), which, according to the lawyer, could deregulate even the readjustments of individual plans.There is, therefore, a protection of a diffuse right par excellence", and not the protection of "interests of the community of future consumers".
The interpretation of the original judgment would be correct, according to the rapporteur, if the issue were about the protection of homogeneous individual rights, belonging to several already certain holders — for example, in the event of damage caused to the consumer due to the payment of a toll agreed in an illegal contract. Secondary damages, according to the minister, can be protected by filing another action — collective or not — focusing on the protection of available and divisible individual rights.
In addition to these problems, a proposal is Buy Phone Number List advancing in Congress that could further loosen legislation in the sector. A special commission created in the Chamber of Deputies is discussing the reform of the Health Plans Law (Law 9,056/1998), which, according to the lawyer, could deregulate even the readjustments of individual plans.There is, therefore, a protection of a diffuse right par excellence", and not the protection of "interests of the community of future consumers".
The interpretation of the original judgment would be correct, according to the rapporteur, if the issue were about the protection of homogeneous individual rights, belonging to several already certain holders — for example, in the event of damage caused to the consumer due to the payment of a toll agreed in an illegal contract. Secondary damages, according to the minister, can be protected by filing another action — collective or not — focusing on the protection of available and divisible individual rights.